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Heirship

(Querist) 27 July 2011 This query is : Resolved 
I have got two children,one son aged 30 and a daughter aged 25.Is it possible for me to sell my landed property without the consent of my children? My landed property include properties obtained from my parents and properties bought by me.(I am a HINDU).Again,have I got any claim on the landed property of my wife who is dead?
R.Ramachandran (Expert) 27 July 2011
When you say that you have received from properties from my parents (do you mean to say that you received property both from your father and also from mother?). Please clarify.
In regard to the property received from your father - you have to clarify the following:
(1) Where is the property situated?
(2) Whether the property was the self-earned property of your father or he also received it from his father?
(3) Whether your father is alive. If not when did he die?
(4) Whether you got the property from your father when he was alive or after his death?
(5) Whether all your brother(s)/sister(s) also got their share from your father's property or not.
As regards the property of your wife - if she had not left any WILL, the same will go by way of inheritance EQUALLY amongst all her legal heirs. Her legal heirs are (a) son(s), (b) daughter(s) and husband.
Shastri J.K. (Expert) 27 July 2011
ou may sold only your self acquired landed property without the consent of ur children.
K.Chandrasekharan Nair (Querist) 27 July 2011
clarifications.
yes.I got my properties both from my father and mother.
1.The properties are situated in Trivandrum district,Kerala.
2.My father got it from his mother.
3.My father is not alive.He died 10 yrs back.
4.I got it when he was alive.
5.yes.They all got their share.
R.Ramachandran (Expert) 27 July 2011
Dear Mr. Chandrasekharan,

Prima facie, the property what you got from your father is not at all ancestral property, UNLESS, when he gave it to you, he had expressly desired that it should be treated as 'ancestral property' and his grand children should also enjoy the same.

Thus, all the properties that you have (both which you self-acquired, and those got from your father) are your PERSONAL PROPERTIES. Therefore, being the absolute owner of the same, you have every right to do whatever that you like to do with those properties - and no one including your children (son and daughter) can object to what you do with the property. Thus, if you want to dispose of the property, you can very well do it. You do not require any permission/consent from any one.

I have already given my views about your eligibility of a 1/3rd share in the property left behind by your deceased wife.
mastanrao.bhogadi (Expert) 27 July 2011
Respected Ramachandran sir,
what about the jointness of the family of Chandraseharan.How he treated(blending)the property so far are also the questions to be considered.
R.Ramachandran (Expert) 27 July 2011
He did not say that it is the Joint Hindu Family property.


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